Personal injuries in society often occur due to the negligence or malicious intent of others. In a personal injury claim, victims can hold the responsible parties liable for their actions and receive compensation for the damages incurred and other losses.
In a personal injury claim, one must prove that the negligent actions of another resulted in the injury. To do this, personal injury victims need to gather various types of evidence, from witness statements to medical records, police reports, and more. A Doral personal injury lawyer can help you throughout the legal process by protecting your rights and representing your best interests.
Personal injury attorneys in Doral can help you gather the necessary evidence to prove fault and negligence and even assist with negotiations or legal representation in court. Our dedicated personal injury attorneys at Amanda Demanda Injury Lawyers can help you seek justice and fair compensation for your troubles. We handle a wide range of legal services to support accident victims throughout Florida.
Contact one of the most distinguished law firms in Doral, FL, today for a free consultation on your case and explore your legal options. Here is what you should know about personal injury claims and how a lawyer can help you out.
How Personal Injury Law Works in Doral, FL
Each state has various laws governing how personal injury claims are processed. In Florida, when someone suffers physical, emotional, or psychological harm due to the negligence, recklessness, or intentional acts of another party, victims are entitled to pursue legal action.
However, they must pursue a claim under Florida’s statute of limitations. This law sets a time limit for filing a personal injury lawsuit, which differs depending on the type of claim you are pursuing.
Before March 2023, the statute of limitations in Florida for most personal injury claims was four years. However, since then, Governor Ron DeSantis signed House Bill (HB) 837, which reduced the statute of limitations on personal injuries in Florida from four years to two years.
This means that nowadays, personal injury victims in Florida only have two years from the date of their accident to file a claim legally; otherwise, they are barred from pursuing legal action. An experienced personal injury lawyer can help you pursue a claim even if your statute of limitations has expired, but only under extraordinary circumstances.
Contact Amanda Demanda Injury Lawyers to learn more. Another important law that governs personal injury claims in Florida, which was also changed in March 2023, is the state’s modified comparative negligence system.
Previously, the state of Florida followed a pure comparative negligence system, which allowed individuals to recover damages even if they were 99% at fault for an accident. Now, under the state’s modified comparative negligence system, you can still recover damages even if you are partially at fault, but only as long as you aren’t assigned 50% or more degree of fault.
When a party is assigned 50 percent or more fault, they are barred from recovering damages. Florida’s stricter statute of limitations on personal injury cases and its new modified comparative negligence system place an enhanced burden on personal injury victims as they now have less time to file a claim, gather evidence, and need even better legal representation to avoid receiving a bigger percentage of fault that might bar them from receiving compensation.
This is why working closely with a dedicated personal injury attorney is even more necessary than before, as a personal injury lawyer will help you with your claim, gather evidence, conduct investigations, engage in negotiations, and establish negligence and liability. With the right personal injury lawyers by your side, you increase your chances of receiving fair compensation and creating a compelling case.
Types of Personal Injury Claims
Personal injuries can occur in various instances, whether by the willful act of another party or parties, or even intentiona,l malicious acts. At Amanda Demanda Injury Lawyers, our dedicated team of personal injury lawyers engages in the following practice areas of personal injury.
Motor Vehicle Accidents
Our Doral attorneys handle all types of traffic-related collisions. Whether you were hurt in a crash on the highway or a collision at a busy intersection, we can help you pursue compensation for your injuries and losses. We represent victims in the following types of motor vehicle accident cases:
- Auto accidents (including car, truck, bicycle, pedestrian, or motorcycle accidents)
- Premises liability
- Elder abuse
- Medical malpractice
- Sexual assaults
- Product liability
- Workplace injuries
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Boating accidents
- Rideshare accidents
- Drunk driving accidents
- Hit and run accidents
- Rear-end accidents
Catastrophic Injuries
Severe accidents can result in life-altering harm that requires extensive medical treatment and long-term care. We help victims and their families navigate the legal process after devastating injuries. Our team handles the following catastrophic injury cases:
- Catastrophic injuries
- Brain injuries
- Spinal cord injuries
- Burn injuries
- Amputation injuries
- Wrongful death
Premises Liability
Property owners have a duty to maintain safe conditions for visitors. When they fail to address hazards or warn guests of dangerous conditions, they can be held liable for resulting injuries. We handle the following premises liability cases:
- Slip and fall accidents
- Trip and fall accidents
- Dog bites
- Drowning accidents
- Negligent security
- Amusement park injuries
- Electrocution accidents
- Falling object accidents
- Product liability
Work Injuries
Employees injured on the job deserve compensation for their medical expenses and lost wages. We represent workers in work injury cases, including construction accidents and other workplace incidents where employer negligence contributed to the harm.
Medical Malpractice
Healthcare providers must uphold a standard of care for their patients. When they fail to do so through misdiagnosis, surgical errors, or negligent treatment, victims can pursue medical malpractice claims to recover damages.
Elder Abuse
Our aging population deserves protection and dignity. We handle elder abuse cases, including nursing home neglect and abuse claims, to hold facilities accountable when they fail to provide proper care.
In personal injury cases regarding auto accidents, personal injury victims can use their personal injury protection (PIP) coverage to cover 80% of their medical expenses and up to 60% of their lost wages.
However, if the injuries and other damages are severe, PIP coverage may not be enough to cover the actual costs of the medical bills, out-of-pocket expenses, or lost wages. More than this, PIP coverage does not cover non-economic damages such as pain and suffering.
Regarding premises liability, all property owners have a duty of care to maintain their premises safe and place warning signs should hazardous conditions be present. In the same way, healthcare practitioners must provide a standard of care to their patients and can be held liable for medical malpractice should they fail to do so.
When it comes to a personal injury case revolving around workplace accidents, personal injury victims can file a workers’ compensation claim to receive compensation. In some instances, workers have the right to pursue both a workers’ compensation claim and a personal injury claim at the same time if they suffer work-related injuries.
Contact Amanda Demanda Injury Lawyers and have your case analyzed by dedicated and distinguished personal injury attorneys to learn more. In many types of personal injury cases, there may be more than one party that could be held liable for the injuries and other damages you have incurred but at the end of the day, the burden of proof is on your shoulders, and this is where our Doral personal injury lawyers and law firm can help you out.
The Burden of Proof in Personal Injury Lawsuits
Establishing liability in a personal injury case is among the most important aspects of any successful case. The injured party, also known as the plaintiff, must successfully prove that the party that caused them harm (the defendant) owed them a duty of care, breached that duty, and that this breach caused them their injuries, resulting in damages.
For example, in an auto accident, drivers have a duty of care to one another and pedestrians while operating on the roads. Their duty of care is to follow traffic laws and regulations and drive responsibly.
Regarding workplace accidents, business owners, managers, or supervisors must properly train their employees, inform them of hazardous conditions, and provide them with adequate safety equipment.
The aspects of care, breach of care, and causal link differ from one personal injury case to another and their particular circumstances. However, establishing these aspects is crucial when seeking compensation, as it will determine the types of damages awarded and who is liable.
Call us today at 305-505-1000 or contact us online using our secure request form to schedule your no-cost, no-obligation consultation.
